Air Plan Approval and Air Quality Designation; AL; Redesignation of the Pike County Lead Nonattainment Area to Attainment, 28543-28545 [2018-13147]
Download as PDF
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
Dated: June 15, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2018–13239 Filed 6–19–18; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF EDUCATION
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
34 CFR Part 668
1. The authority citation for part 165
continues to read as follows:
Program Integrity: Gainful Employment
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Proposed rule document 2018–13054,
appearing on pages 28177–28178 in the
issue of Monday, June 18, 2018, should
have appeared in the Rules section of
the issue and the heading should read
as set forth above.
■
Correction
2. Add § 165.T09–0579 to read as
follows:
■
[FR Doc. C1–2018–13054 Filed 6–19–18; 8:45 am]
sradovich on DSK3GMQ082PROD with RULES
§ 165.T09–0579 Safety Zone; City of
Oswego Community Fireworks; Oswego
Harbor, Oswego, NY.
BILLING CODE 1301–00–D
(a) Location. The safety zone will
encompass all waters of the Lake
Ontario, Oswego, NY contained within
a 420-foot radius of: 43°27′55.91″ N,
076°30′59.04″ W.
(b) Enforcement period. This
regulation will be enforced from 8:45
p.m. until 10:15 p.m. on July 1, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
VerDate Sep<11>2014
16:19 Jun 19, 2018
Jkt 244001
[Docket ID ED–2017–OPE–0090]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0077; FRL–9979–61–
Region 4]
Air Plan Approval and Air Quality
Designation; AL; Redesignation of the
Pike County Lead Nonattainment Area
to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On January 3, 2018, the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Troy 2008 lead Nonattainment Area
(‘‘Troy Area’’ or ‘‘Area’’) to attainment
for the 2008 lead (Pb) National Ambient
Air Quality Standards (NAAQS or
standard) and to approve an associated
State Implementation Plan (SIP)
revision containing a maintenance plan.
The Troy Area is comprised of a portion
of Pike County in Alabama surrounding
the Sanders Lead Company facility
(Sanders Lead Facility or Facility). EPA
is taking the following final actions
related to the January 3, 2018,
redesignation request and SIP revision:
determining that the Troy Area is
attaining the 2008 lead NAAQS;
approving the SIP revision containing
the State’s maintenance plan for
maintaining attainment of the 2008 lead
standard; and redesignating the Troy
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
28543
Area to attainment for the 2008 lead
NAAQS.
DATES:
This rule is effective July 20,
2018.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0077. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ashten Bailey of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Bailey may be
reached by phone at (404) 562–9164 or
via electronic mail at bailey.ashten@
epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised primary and
secondary lead NAAQS of 0.15
micrograms per cubic meter (mg/m3).
Under EPA’s regulations at 40 CFR part
50, the 2008 lead NAAQS are met when
the maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement.
EPA designated the Troy Area as a
nonattainment area for the 2008 lead
NAAQS on November 22, 2010 (75 FR
71033), effective December 31, 2010,
E:\FR\FM\20JNR1.SGM
20JNR1
28544
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
using 2007–2009 ambient air quality
data. The Troy Area is comprised of the
portion of Pike County, Alabama,
bounded by a 0.8 mile radius from a
center point at latitude 31.78627106
North and longitude 85.97862228 West,
which fully includes the Sanders Lead
Facility, the only point source of lead
emissions in the Area. EPA’s
designation established an attainment
date five years after the December 31,
2010, effective date for the 2008 lead
nonattainment designations pursuant to
CAA section 172(a)(2)(A). Therefore, the
Troy Area’s attainment date was
December 31, 2015.
On January 3, 2018, Alabama
requested that EPA redesignate the Troy
Area to attainment for the 2008 lead
NAAQS and submitted an associated
SIP revision containing a maintenance
plan for the Area. In a notice of
proposed rulemaking (NPRM) published
on April 13, 2018 (83 FR 16021), EPA
proposed to take three separate but
related actions: (1) To determine that
the Troy Area is attaining the 2008 lead
NAAQS based on complete, qualityassured, and certified ambient
monitoring data for the 2014–2016 time
period; (2) to approve Alabama’s
maintenance plan for maintaining the
2008 lead NAAQS in the Area through
the year 2028 and incorporate the plan
into the SIP; and (3) to redesignate the
Area to attainment.1 No relevant
comments were received on the April
13, 2018, proposed rulemaking. The
details of Alabama’s submittal and the
rationale for EPA’s actions are further
explained in the NPRM. See 83 FR
16021 (April 13, 2016).
sradovich on DSK3GMQ082PROD with RULES
II. What are the effects of these actions?
Approval of Alabama’s redesignation
request changes the legal designation of
the portion of Pike County, Alabama,
that is designated as nonattainment as
the Troy Area, found at 40 CFR 81.301,
from nonattainment to attainment for
the 2008 lead NAAQS. Approval of
Alabama’s associated SIP revision also
incorporates a plan into the SIP for
maintaining the 2008 lead NAAQS in
Pike County (the Troy Area), Alabama,
through 2028.
III. Final Action
EPA is taking a number of final
actions regarding Alabama’s January 3,
2018, request to redesignate the Troy
Area to attainment and associated SIP
1 In the NPRM, EPA noted that 2014–2016 data
was the most recent quality-assured and certified
data and that preliminary 2017 data indicated that
the Area continued to attain the standard. Since
publication of that document, ADEM certified
complete, quality-assured data for 2017. The 2015–
2017 design value for the Area is 0.09 mg/m3.
VerDate Sep<11>2014
16:19 Jun 19, 2018
Jkt 244001
revision. First, EPA is determining that
the Area is attaining the 2008 lead
NAAQS based on 2014–2016 data.
Second, EPA is approving the
maintenance plan for the Area and
incorporating it into the SIP. Third, EPA
is approving Alabama’s request for
redesignation of the Area from
nonattainment to attainment for the
2008 lead NAAQS. As mentioned above,
approval of the redesignation request
changes the official designation of the
Troy Area from nonattainment to
attainment for the 2008 lead NAAQS.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
Federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because SIP approvals and
redesignations are exempted under
Executive Order 12866;
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
These actions are not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 20, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
E:\FR\FM\20JNR1.SGM
20JNR1
28545
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
Dated: June 8, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
enforce its requirements. See section
307(b)(2).
List of Subjects
Subpart B—Alabama
2. Section 52.50(e), is amended by
adding an entry for ‘‘2008 Lead
Maintenance Plan for the Troy Area’’ at
the end of the table to read as follows:
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
40 CFR parts 52 and 81 are amended
as follows:
40 CFR Part 81
Environmental protection, Air
pollution control.
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of
nonregulatory
SIP provision
*
*
*
*
2008 Lead Maintenance Plan for the Troy Area .................................... Troy Area .........
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
State submittal
date/effective
date
EPA approval
date
Explanation
*
1/3/2018 ...........
*
6/20/2018, ........
[Insert Federal
Register citation].
*
........................
Authority: 42 U.S.C. 7401, et seq.
4. In § 81.301, the table entitled
‘‘Alabama—2008 Lead NAAQS’’ is
amended under ‘‘Troy, AL:’’ by revising
■
the entry for ‘‘Pike County (part)’’ to
read as follows:
§ 81.301
*
Alabama.
*
*
*
*
ALABAMA—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1
Troy, AL:
Pike County (part) Area is bounded by a 0.8 mile radius from a center point at latitude 31.78627106 North
and longitude 85.97862228 West, which fully includes the Sanders Lead facility.
*
a
1
*
*
*
*
*
Attainment.
*
Includes Indian Country located in each county or area, except as otherwise specified.
December 31, 2011 unless otherwise noted.
[FR Doc. 2018–13147 Filed 6–19–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Temporary final rule;
adjustment to annual catch limits;
correction.
ACTION:
The final rule adjusting the
2018 management area annual catch
limits for the herring fishery published
in the Federal Register on February 15,
2018. That rule contained several errors
and this document corrects those errors.
This action is necessary to ensure that
correct 2018 herring fishery annual
catch limits are available to the public.
DATES: Effective June 20, 2018, through
December 31, 2018.
ADDRESSES: Copies of supporting
documents, including the 2013–2015
Specifications/Framework Adjustment 2
SUMMARY:
50 CFR Part 648
[Docket No.: 171213999–8128–01]
RIN 0648–XF898
sradovich on DSK3GMQ082PROD with RULES
6/20/2018
Type
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustments to 2018 Management Area
Annual Catch Limits; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
16:19 Jun 19, 2018
Jkt 244001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
E:\FR\FM\20JNR1.SGM
20JNR1
Agencies
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28543-28545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13147]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0077; FRL-9979-61-Region 4]
Air Plan Approval and Air Quality Designation; AL; Redesignation
of the Pike County Lead Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On January 3, 2018, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted a request for
the Environmental Protection Agency (EPA) to redesignate the Troy 2008
lead Nonattainment Area (``Troy Area'' or ``Area'') to attainment for
the 2008 lead (Pb) National Ambient Air Quality Standards (NAAQS or
standard) and to approve an associated State Implementation Plan (SIP)
revision containing a maintenance plan. The Troy Area is comprised of a
portion of Pike County in Alabama surrounding the Sanders Lead Company
facility (Sanders Lead Facility or Facility). EPA is taking the
following final actions related to the January 3, 2018, redesignation
request and SIP revision: determining that the Troy Area is attaining
the 2008 lead NAAQS; approving the SIP revision containing the State's
maintenance plan for maintaining attainment of the 2008 lead standard;
and redesignating the Troy Area to attainment for the 2008 lead NAAQS.
DATES: This rule is effective July 20, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0077. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ashten Bailey of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Bailey may be reached by phone at (404) 562-9164 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
EPA designated the Troy Area as a nonattainment area for the 2008
lead NAAQS on November 22, 2010 (75 FR 71033), effective December 31,
2010,
[[Page 28544]]
using 2007-2009 ambient air quality data. The Troy Area is comprised of
the portion of Pike County, Alabama, bounded by a 0.8 mile radius from
a center point at latitude 31.78627106 North and longitude 85.97862228
West, which fully includes the Sanders Lead Facility, the only point
source of lead emissions in the Area. EPA's designation established an
attainment date five years after the December 31, 2010, effective date
for the 2008 lead nonattainment designations pursuant to CAA section
172(a)(2)(A). Therefore, the Troy Area's attainment date was December
31, 2015.
On January 3, 2018, Alabama requested that EPA redesignate the Troy
Area to attainment for the 2008 lead NAAQS and submitted an associated
SIP revision containing a maintenance plan for the Area. In a notice of
proposed rulemaking (NPRM) published on April 13, 2018 (83 FR 16021),
EPA proposed to take three separate but related actions: (1) To
determine that the Troy Area is attaining the 2008 lead NAAQS based on
complete, quality-assured, and certified ambient monitoring data for
the 2014-2016 time period; (2) to approve Alabama's maintenance plan
for maintaining the 2008 lead NAAQS in the Area through the year 2028
and incorporate the plan into the SIP; and (3) to redesignate the Area
to attainment.\1\ No relevant comments were received on the April 13,
2018, proposed rulemaking. The details of Alabama's submittal and the
rationale for EPA's actions are further explained in the NPRM. See 83
FR 16021 (April 13, 2016).
---------------------------------------------------------------------------
\1\ In the NPRM, EPA noted that 2014-2016 data was the most
recent quality-assured and certified data and that preliminary 2017
data indicated that the Area continued to attain the standard. Since
publication of that document, ADEM certified complete, quality-
assured data for 2017. The 2015-2017 design value for the Area is
0.09 [micro]g/m\3\.
---------------------------------------------------------------------------
II. What are the effects of these actions?
Approval of Alabama's redesignation request changes the legal
designation of the portion of Pike County, Alabama, that is designated
as nonattainment as the Troy Area, found at 40 CFR 81.301, from
nonattainment to attainment for the 2008 lead NAAQS. Approval of
Alabama's associated SIP revision also incorporates a plan into the SIP
for maintaining the 2008 lead NAAQS in Pike County (the Troy Area),
Alabama, through 2028.
III. Final Action
EPA is taking a number of final actions regarding Alabama's January
3, 2018, request to redesignate the Troy Area to attainment and
associated SIP revision. First, EPA is determining that the Area is
attaining the 2008 lead NAAQS based on 2014-2016 data. Second, EPA is
approving the maintenance plan for the Area and incorporating it into
the SIP. Third, EPA is approving Alabama's request for redesignation of
the Area from nonattainment to attainment for the 2008 lead NAAQS. As
mentioned above, approval of the redesignation request changes the
official designation of the Troy Area from nonattainment to attainment
for the 2008 lead NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals and redesignations are
exempted under Executive Order 12866;
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 20, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
[[Page 28545]]
enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: June 8, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(e), is amended by adding an entry for ``2008 Lead
Maintenance Plan for the Troy Area'' at the end of the table to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approval date Explanation
provision nonattainment area date/effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 Lead Maintenance Plan Troy Area............ 1/3/2018............ 6/20/2018,.......... ..............
for the Troy Area. [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.301, the table entitled ``Alabama--2008 Lead NAAQS'' is
amended under ``Troy, AL:'' by revising the entry for ``Pike County
(part)'' to read as follows:
Sec. 81.301 Alabama.
* * * * *
Alabama--2008 Lead NAAQS
------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area -------------------------------------
Date \1\ Type
------------------------------------------------------------------------
Troy, AL:
Pike County (part) Area is 6/20/2018 Attainment.
bounded by a 0.8 mile radius
from a center point at
latitude 31.78627106 North
and longitude 85.97862228
West, which fully includes
the Sanders Lead facility.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ December 31, 2011 unless otherwise noted.
[FR Doc. 2018-13147 Filed 6-19-18; 8:45 am]
BILLING CODE 6560-50-P